Maintenance and Cure

What is Maintenance and Cure?

Maintenance and cure is almost like worker’s compensation, but not the same.  The first time you may have heard the term “maintenance and cure” is when you have suffered an injury aboard a vessel, offshore drilling rig or work barge.  In order to qualify for maintenance and cure benefits you must show:

1. You are a seaman;

2. You have suffered an injury or illness while in service to the vessel; and

3. That you have not reached maximum cure.

 What Qualifies as a Seaman’s Illness or Injury?

The definition of a seaman is a person who is a member of the crew of a vessel or an identifiable fleet of vessels.  Case law has shown that if you are permanently assigned to a particular vessel or a group of vessels owned by one owner and you contribute to the mission of the vessel then you are a seaman.  If you are a seaman and you become sick or injured while serving the vessel, you are entitled to maintenance and cure. 

An injury means a physical or mental injury suffered by the seaman while in service to the vessel.  In service to the vessel means it occurred on the vessel, while in transit to the vessel, or in some cases, while performing tasks for the vessel, for Instance, going to the supermarket to buy groceries for the vessel; while at a dock completing paperwork for the vessel; or arranging for supplies or equipment to be loaded on or off of the vessel. 

Our firm has represented seamen who have contracted pneumonia, broken bones, injuries to nerves or muscular skeletal systems, exposure to dangerous chemicals, which renders the seaman unable to work for some period of time and require medical attention.

The term maximum medical cure is used to determine how long the maintenance and cure benefits are owed to the seaman.  For instance, the seaman is entitled to maintenance and cure benefits until his medical condition reaches a level at which his condition cannot be improved by the medical providers who are treating him.  Often the seaman’s treating physician and the company’s doctor disagree on the point at which the seaman reaches maximum medical cure.  This is an example of when you really need high quality legal representation to fight for you to get your maintenance and cure benefits. 

How Much Should I Receive in Maintenance and Cure?

Although there is a difference of opinion among the Federal Circuit Courts, generally a seaman is entitled to maintenance at a rate determined by the reasonable basic living expenses of the seaman.  These basic living expenses include rent or house payment, insurance on the apartment or home of the seaman, food costs for the seaman (not for the seaman’s family), basic utilities to operate the seaman’s residence (gas, water, electric), and mileage and parking expenses to and from medical care.  Many companies pick an arbitrary number such as $20.00, $25.00 or $30.00 per day and tell the seaman that is what the company pays.  That may be what the company wants to pay, but that is not what the law requires them to pay and this is another reason why you need legal counsel representing you to determine the correct amount of maintenance for your particular case. 

Cure is the cost of your medical treatment whether for doctor visits, physical therapy, medications or counseling.  The employer is required to pay 100% of the reasonable costs of your medical treatment.  Your company will probably insist that you be examined by a doctor of their choice regardless of who you have chosen as your doctor.  Disputes often arise as to what is the required treatment for the seaman, what is a reasonable cost for that treatment, and how long that treatment should last.  Once again, this is another area of dispute where you should have excellent legal counsel representing your interests against the company.  Your company will have legal counsel from the very beginning of your injury claim, you should as well.

Maritime Injury ? Talk to a Jones Act & Maritime Injury Lawyer

The Willis Law Firm gives straightforward and honest advice to maritime workers.  They are available 24 hours a day, 7 days a week.  Call 1-800-MARITIME to talk with an experienced maritime lawyer.

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